Cross

[2023] NZHC 2682

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-586

[2023] NZHC 2682

IN THE MATTER OF

The Wills Act 2007

BETWEEN

GARY FRANCIS CROSS

Applicant

Hearing:	On the papers
Counsel:	K W Clay and D K Quirk for the Applicant D J Cross (self-represented)
Judgment:	26 September 2023

JUDGMENT OF HARLAND J AS TO COSTS

[1]I issued my judgment in respect of these proceedings on 6 September 2023.1

[2]        In relation to costs, I was not persuaded that anything apart from a claim under scale 2B was justified.2 I invited counsel to submit a further memorandum outlining the costs claimable under scale 2B in accordance with my judgment.

[3]        Counsel filed a further memorandum as to costs dated 22 September 2023, which attaches a schedule of costs under scale 2B and identifies the disbursements that have been incurred.

1      Re: Cross [2023] NZHC 2497.

2      At [46]-[47].

RE: CROSS [2023] NZHC 2682 [26 September 2023]

[4]        I order that costs and disbursements, as outlined in that schedule, be awarded and that they be paid out of the estate. In so doing, I refer to the memorandum filed by Mr Daniel Cross on 15 August 2023 which records that all of the beneficiaries have agreed to a Deed of Family Arrangement, including that all expenses, including court costs, are to be met by the estate.

Harland J

Solicitors:

K W Clay, Clarendon Chambers, Christchurch D K Quirk, Layburn Hodgins Ltd, Christchurch

Copy to:
G F Cross, applicant.